Georgia Consent To Encroachment - Into Easement
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FAQ
How do I terminate an easement in Georgia? An easement can be terminated expressly by recording a termination of easement. An easement can also be terminated by bringing a quiet title action where an easement has expired or been abandoned.
The Georgia Institute of Real Estate provides six such methods of easement termination: Release: The owner of the dominant estate agrees, in writing, to terminate the easement. Merger: One party takes ownership of both properties. Expiration: The initial reason for the easement no longer exists.
An easement of way acquired by a grant, will not be lost by a nonuse for any length of time, unless there is a clear and unequivocal evidence of an intention to abandon it. Gilbert v. Reynolds, 233 Ga.
In order to be recordable, an easement deed must be signed by the grantor and must contain two witnesses, one of whom must be the notary with his seal attached. If one of the witnesses is not a notary, then there must be an acknowledgment by a notary attached to the deed ( 44-2-21 and 44-2-14).
An easement generally runs with the land, meaning that such agreements can affect your property well into the future. Many homes, particularly in more rural Georgia counties, have shared (or common) driveways.
Competing Easement Rights Sometimes homeowners want to understand if they can remove an easement from their property or can a property owner block an easement. If the intent is to prevent or obstruct the use of the easement, the answer is probably no.
As a general rule under Georgia law, each party must pay to maintain the easement in proportion to such party's usage.